Central Motor Parts & Accessories Company Pvt. Ltd., Kolkata v. ITO, WD-6(1), KOLKATA, Kolkata

MA 86/KOL/2016 | 2002-2003
Pronouncement Date: 30-09-2016

Appeal Details

RSA Number 8623524 RSA 2016
Assessee PAN AABCC0295M
Bench Kolkata
Appeal Number MA 86/KOL/2016
Duration Of Justice 3 month(s) 2 day(s)
Appellant Central Motor Parts & Accessories Company Pvt. Ltd., Kolkata
Respondent ITO, WD-6(1), KOLKATA, Kolkata
Appeal Type Miscellaneous Application
Pronouncement Date 30-09-2016
Appeal Filed By Assessee
Bench Allotted A
Tribunal Order Date 30-09-2016
Date Of Final Hearing 29-07-2016
Next Hearing Date 29-07-2016
Assessment Year 2002-2003
Appeal Filed On 27-06-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH KOLKATA BEFORE SHRI P.M. JAGTAP AM & SHRI S.S.VI SWANETHRA RAVI JM M.A . NO. 86/KOL/2016 [IN I.T A NO. 1431/KOL/2009 A.Y 2002-03] M/S. CENTRAL MOTOR PARTS VS. I.T.O WARD 6(1) KO LKATA & ACCESSORIES CO.P.LTD PAN: AABCC 0295M [ APPLICANT ] [ RESPONDENT ] M.A . NO. 87/KOL/2016 [IN I.T A NO. 1432/KOL/2009 A.Y 2002-03] M/S. DRB EXPORTS P.LTD VS. I.T.O WARD 6(1) KOLK ATA PAN: AABCD 9541L [ APPLICANT ] [ RESPONDENT ] APPLICANT BY : SHRI R.P.AGARWAL SR. A DVOCATE SHRI MANOJ KAT ARUKA ADVOCATE LD.ARS RESPONDENT BY : MD. GHYAS UDDI N JCIT LD. SR.DR DATE OF HEARING : 29-07-2016 DATE OF PRONOUNCEMENT : 30 -09- 2016 ORDER SHRI S.S.VISWANETHRA RAVI JM THESE MISCELLANEOUS PETITION ARE FILED BY THE RESP ECTIVE ASSESSEES AGAINST THE CONSOLIDATED ORDER OF THE TRIBUNAL IN ITA NO. 1431/KOL/2009 AND ITA NO. 1432/KOL/2009 DATED 15-01-2016 FOR THE ASSESSME NT YEAR 2002-03. 2. BY THESE MISC. APPLICATIONS U/S. 254(2) OF THE A CT FILED TO RECTIFY THE MISTAKE AS APPARENT FROM THE IMPUGNED ORDER BY RECA LLING THE ORDER DATED 15- 01-2016 OF THE TRIBUNAL. M.A NOS.86 & 87/KOL/16-A-JM M/S. CENTRAL MOTOR PARTS & ACCESSORIES P.LTD & M/S.DRB EXPORTS P.LTD 2 MA NO.87/KOL/2016 ARISING OUT OF ITA NO. 1432/KOL/2009 A.Y 2002-03 3. SHRI R.P.AGARWAL SR. ADVOCATE AND SHRI MANOJ K ATARUKA ADVOCATE LEARNED AR REPRESENTED ON BEHALF OF THE ASSESSEE AN D MD. GHYAS UDDIN JCIT LD. SR.DR LEARNED JCIT/SR.DR REPRESENTED ON BEHA LF OF THE REVENUE. 4. REGARDING GROUND NO.1 THE LD.AR OF THE ASSESSEE AT THE TIME OF HEARING BEFORE US SUBMITS THAT THE SHARE APPLICATION DURING THE YEAR WAS ONLY RS.45 80 000/- BUT NOT RS.46 72 000/- AS NOTED BY T HE TRIBUNAL IN THE ORDER DATED 15-01-2016. THUS HE SUBMITTED BEFORE US THAT THIS MISTAKE BE RECTIFIED BY RECALLING THE IMPUGNED ORDER OF THE TRIBUNAL DATED 15-01-2016. 5. ON THE OTHER HAND THE LD.DR SUBMITS THAT THE TR IBUNAL HAS NO POWER TO RECTIFY SUCH MISTAKE. HOWEVER HE RELIED ON IMPUGNE D ORDER OF THE TRIBUNAL DATED 15-01-2016. 6. HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATE RIAL AVAILABLE ON RECORD. WE FIND THAT THERE IS NO SUCH SUBMISSION SPECIFICAL LY MADE ON SHARE APPLICATION THAT WAS ONLY RS.45 80 000/- WHICH IS EVIDENT EVE N FROM OUR LOG BOOK. THEREFORE THERE IS NO MISTAKE APPARENT FROM RECORD . ACCORDINGLY THIS GROUND RAISED BY THE ASSESSEE IN THE MISC. APPLICATION IS DISMISSED. 7. REGARDING GROUND NOS.2 AND 3 THE LD.AR OF THE A SSESSEE BEFORE US SUBMITS THAT THE TRIBUNAL WHILE PASSING THE IMPUGNE D ORDER DID NOT ADJUDICATE THE SAME. 8. ON THE OTHER HAND THE LD.DR HAS RELIED ON THE I MPUGNED ORDER OF THE TRIBUNAL DATED 15-01-2016. M.A NOS.86 & 87/KOL/16-A-JM M/S. CENTRAL MOTOR PARTS & ACCESSORIES P.LTD & M/S.DRB EXPORTS P.LTD 3 9. HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATE RIAL AVAILABLE ON RECORD. WE FIND THAT THIS GROUND AS RAISED BY THE ASSESSEE BEFORE US THE TRIBUNAL DID NOT CONSIDER SUCH GROUND AT THE TIME OF DISPOSAL OF THE CASE. IT IS SEEN FROM THE PROCEEDINGS THAT THERE WAS NO SUCH SPECIFIC ARGU MENTS MADE FOR GROUND NOS. 2 AND 3 AS RAISED WHICH IS EVIDENT FROM THE LOG BOOK REGISTER. THEREFORE THERE IS NO MISTAKE APPARENT FROM SUCH RECORD. ACCORDINGLY THESE GROUNDS OF MISC. APPLICATION ARE DISMISSED. 10. REGARDING THE OTHER GROUNDS THE LD.AR OF THE SU BMITS THAT THE TRIBUNAL DID NOT CONSIDER THE VITAL SUBMISSIONS AS MADE BY T HE ASSESSEE WHICH WERE ESCAPED CONSIDERATION VIDE ORDER DATED 15-01-2016 . 11. THE LD.DR HAS RELIED ON THE IMPUGNED ORDER OF T HE TRIBUNAL DATED 15-01- 2016. 12. HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MAT ERIAL AVAILABLE ON RECORD. WE FIND THAT WHILE DISPOSING OF THE APPEAL THE TRIB UNAL CONSIDERED ALL THE SUBMISSIONS EVIDENCES OF THE ASSESSEE AND DECISIO N THEREIN PRONOUNCED AND TAKING INTO CONSIDERATION OF THE FACTS AND CIRCUMST ANCES OF THE CASE. THEREFORE THERE IS NO SUCH MISTAKE AS URGED BY THE LD.AR OF T HE ASSESSEE BEFORE US BY WAY OF FILING OF MISC. APPLICATION WHICH CAN BE RECTIF IED BY U/S. 254 OF THE ACT. 13. THE MISC. APPLICATION OF THE ASSESSEE IN MA NO . 87/KOL/2016 ARISING OUT OF ITA NO. 1432/KOL/09 FOR THE A.Y 2002-03 IS D ISMISSED. M.A NOS.86 & 87/KOL/16-A-JM M/S. CENTRAL MOTOR PARTS & ACCESSORIES P.LTD & M/S.DRB EXPORTS P.LTD 4 MA NO. 86/KOL/2016 ARISING OUT OF ITA NO. 1431/KOL/2009 A.Y 2002-03 14. GROUND NO.1 IS SIMILAR AND IDENTICAL TO THE GRO UND AS RAISED IN MA NO.87/KOL/2016. THEREFORE WE FOLLOW THE SAME CONCL USION AS DRAWN IN MA NO.87/KOL/2016 (BY THE ASSESSEE). WE HOLD THAT THER E WAS NO SUCH MISTAKE APPARENT FROM SUCH RECORD. THEREFORE THIS GROUND OF MISC. APPLICATION IS DISMISSED. 15. REGARDING GROUND NO.2 IN MAIN APPEAL IT IS SE EN THAT FOR GROUND NO. 2 OF MAIN APPEAL SOME ARGUMENTS WERE ADVANCED AND THE L D.DR HAS OBJECTED TO THE SAID ARGUMENTS OF THE LD.AR OF THE ASSESSEE BY SUBM ITTING THAT SUCH GROUND WAS NOT PRESSED BEFORE THE CIT-A. WE FIND THAT THE SA ME HAS NOT BEEN PRESSED BY THE LD.AR OF THE ASSESSEE. 16. HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIA L AVAILABLE ON RECORD. ON PERUSING THE CIT-A ORDER IT IS CLEARLY EVIDENT THA T THE LD.AR OF THE ASSESSEE HAS NOT PRESSED THIS GROUND. WE FIND THAT THE CIT-A DI D NOT PASS ON THIS GROUND. THEREFORE THIS GROUND OF THE ASSESSEE WAS NOT ADJU DICATED BY THE TRIBUNAL VIDE IN ITS SAID ORDER DATED 15-01-2016 AND THE SAME WA S DISMISSED AS NOT PRESSED. RELEVANT PORTION OF THE CIT-A ORDER ON SUCH GROUND IS REPRODUCED HEREIN BELOW FOR BETTER UNDERSTANDING:- GROUND NO.3 THE CONTENTION OF THE APPELLANT IS THAT AO ERRED IN DISALLOWING ADMINISTRATIVE AND OTHER EXPENSES AMOUN TING TO RS.5 39 210/- THE AO HAS DISALLOWED THE ADMINISTRATIVE AND OTHER EXPENSES OF RS.5 39 210 ON THE GROUND THAT THE DETAILS OF SA LE AND PURCHASE CONDUCTED IN THE COURSE OF TRADING ACTIVITY OF THE ASSESSEE COMPANY WERE NOT MADE AVAILABLE. THE APPELLANT SUBMITTED THAT THE ASSESSEE COMPANY H AS ITS OWN BUSINESS AND THE DETAILS ARE FULLY AVAILABLE. H OWEVER NO DETAILS M.A NOS.86 & 87/KOL/16-A-JM M/S. CENTRAL MOTOR PARTS & ACCESSORIES P.LTD & M/S.DRB EXPORTS P.LTD 5 WERE FURNISHED AND THE AR HAS NOT PRESSED ON THESE GROUNDS. IN VIEW OF THE GROUND OF APPEAL IS DISMISSED. IN VIEW OF ABOVE THE MISTAKE IF ANY WHICH CAN BE RECTIFIED FROM RECORD DOES NOT AT ALL ARISE. 17. THE MISC. APPLICATION OF THE ASSESSEE IN MA NO . 86/KOL/2016 ARISING OUT OF ITA NO. 1431/KOL/09 FOR THE A.Y 2002-03 IS DISMISSED. 18. IN THE RESULT THE MISC. APPLICATIONS OF THE R ESPECTIVE ASSESSEE IN MA NOS. 86 & 87 /KOL/2016 ARISING OUT OF ITA NOS. 1431 & 1432 /KOL/09 FOR THE A.Y 2002-03 BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30-09-2016 SD/- SD/- P.M. JAGTAP S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 30-09-2016 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : M/S. CENTRAL MOTOR PARTS & ACCESSORIES CO (P) LTD C/O JAINSARWGEE & CO 32 CHITTARANJAN AVENUE 2 ND FLOOR TRUST HOUSE KOLKATA-700 012/M/S. DRB EXPORTS PVT. LTD. 2 RESPONDENT : I.T.O W 6(1) KOLKATA. 3 . CIT 4 . CIT(A) 5 . DR KOLKATA BENCHES KOLKATA **PP/SPS TRUE COPY] BY ORDER ASSTT REGISTRAR